Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Land Title Act

[RSBC 1996] CHAPTER 250

Contents
Part 1 — Definitions, Interpretation and Application
1Definitions
2References
3Application to Strata Property Act
Part 2 — Land Title Offices and Officers
4Land title districts
5Power to constitute and change districts
6Land title office
7Continuation of existing offices and records
8Duty of registrar to provide records affecting land in new district
9Director of Land Titles
10Registrar and staff
11Deputy registrar and assistant deputy registrar
12Evidence of authority of officials to act in certain cases
13Qualifications for appointment to office
14Prohibition of officers and staff acting in conflict with duties
15Official seal
16Office hours
17Repealed
18Protection of director and registrar from personal liability
19Exemption of registrar from attendance as witness in court
Part 3 — Registration and Its Effect
20Unregistered instrument does not pass estate
21Unregistered instruments executed and taking effect before July 1, 1905
22Operation of instrument as from time of registration
23Effect of indefeasible title
24Title by prescription abolished
25Protection of registered owner against actions for recovery of land
25.1Void instruments — interest acquired or not acquired
26Registration of a charge
27Notice given by registration of charge
28Priority of charges based on priority of registration
29Effect of notice of unregistered interest
30Notice of unregistered interest as affecting registered owner of charge
31Priority of caveat or certificate of pending litigation
32Validity of registered voluntary conveyance
33Equitable mortgage or lien not registrable
34Registration of indefeasible title by court order
35Admissibility of instruments
36Completion of registration
37Registration effective from time of application
38Registrar to create official record of instruments and documents
Part 4 — Forms of Instruments
39Registrable instruments
40Order in Council transferring government rights in highway
Part 5 — Attestation and Proof of Execution of Instruments
41Definitions
42Witnessing and execution
43Witnessing — individuals
44Witnessing — corporations
45Witnessing — individual power of attorney
46Witnessing — corporate power of attorney
47Witnessing — persons not fluent in English
47.1Repealed
48Execution under seal
49If instrument not witnessed
50Defects
Part 6 — Powers of Attorney and Representation Agreements
51Deposit of power of attorney on registration of instrument
52Attorney's powers extend to after acquired land
53Index of powers of attorney
54Effect of execution of second power of attorney
55Power of personal representative or trustee
56Power of attorney valid for 3 years only
57Revocation of power of attorney
Part 7 — Descriptions and Plans
 Division 1 — General
58Description of land
59Public official plan
60Description in Crown grant
61Registration of title to Esquimalt and Nanaimo Railway Company land
62Subsequent descriptions of land
63Description by parcels shown on subdivision plan
64Substitution for metes and bounds or abbreviated description
65Assignment of distinguishing letter to remainder
66Assignment of distinguishing letter by registrar
67Requirements as to subdivision and reference plans
68Posting plan
69Block outline survey
70Explanatory plan of block or lot in Esquimalt and Nanaimo Railway Company grant
71Composite plans
72When composite plan not to be deposited
 Division 2 — Subdivision of Land
73Restrictions on subdivision
73.1Lease of part of a parcel of land enforceable
74Method of defining new parcel
75Requirements for subdivisions
76Relief from requirements established by section 75
 Division 3 — Appointment, Powers and Duties of Approving Officers
77Appointment of municipal approving officers
77.1Appointment of regional district and islands trust approving officers
77.2Provincial approving officers
77.21Appointment of treaty first nation approving officers
77.3Nisga'a approving officer
78Certain designations prohibited on subdivision plans
79Repealed
80Controlled access highways
81Land in improvement districts
82Repealed
 Division 4 — Approval of Subdivision Plans
83Tender of plan for examination and approval
83.1Referral to designated highways official
84Plan tendered later than 3 months after survey
85Time limit for approval and consideration of public interest
85.1 Environmental Management Act requirements must be met
86Matters to be considered by approving officer on application for approval
87Local government matters to be considered by approving officer
88Approval of plan
89Appeal to Supreme Court
90Power of Lieutenant Governor in Council to prohibit deposit of plan
 Division 5 — Deposit of Subdivision Plans
91Approval of subdivision plan required
92Application for deposit
93Title to land in plan required to be registered
94Endorsement of certificate
95Accreted land within plan
96Water boundary deemed to be natural boundary
97Signatures of owners to plan
98New indefeasible titles for parcels shown on deposited plan
 Division 6 — Other Methods of Defining New Parcels
99Registrar to determine whether description of land acceptable
100Re-establishment of boundaries
101Principles guiding approving officer
102Dedication by reference or explanatory plan
103Execution of plan by owner
104Serial deposit number
 Division 7 — Conflicting Measurements
105Power of registrar if measurements on plans conflict
106Power of registrar to correct errors, defects or omissions
 Division 8 — Vesting of Title by Deposit of Plan
107Dedication and vesting
108If designation on plan "Returned to Crown in right of the Province"
109Extinguishment of highway not shown on plan
 Division 9 — Amendment of Plan
110Amendment of deposited plan in certain cases
 Division 10 — Penalties If Plan Not Deposited
111Rights of purchaser when plan not deposited
112Penalty for failure to deposit plan of subdivision
 Division 11 — Statutory Right of Way Plans
113Deposit
114Statutory right of way plan may be used in application to register fee simple
115Deposit of statutory right of way plan
116Requirements of statutory right of way plans
117Widening of statutory right of way
118When water boundary deemed natural boundary
119Alteration in deposited statutory right of way plan
 Division 12 — Plans and Descriptions to Accompany Bylaws
120Municipal bylaw cancelling highway or public square dedication
Part 8 — Cancellation of Plans
121Definitions and interpretation
122Cancellation of plans by application to the registrar
123Petition to cancel plan
124Report of approving officer and district highways manager
125Service of petition and other documents
126Publication and posting
127Notice of intention to appear
128Place of hearing
129Powers of registrar in relation to the hearing
130Duties of registrar on hearing the petition
131Powers of the registrar to cancel or alter a plan
132Opposition by local authority
133Opposition by minister
134Preparation and registration of order
135Registrar may vest an estate in fee simple
136Cancellation by minister of plan comprising Crown land
137Cancellation of interior lines
Part 9 — Air Space Titles
138Definitions
139Air space is land
140Covenant to grant easements or to convey restrictive covenants not implied
141Subdivision of land into air space parcels
142Air space parcels in respect of highways
143Air space plan
144Air space plan
145Taxation
146Application
Part 10 — Applications for Registration and Evidence in Support
147Application required
148Form and manner of applying
149Address of applicant
150Particulars as to witness and parties to instrument
151Repealed
152Description of foreign government
153Time of application
154Application for registration of fee simple
155Application for registration of charge
156Application must be for all lands or charges comprised in instrument
157Forms
158Restrictions as to scope of application
159Registrar may require deposit of instruments
160Summons to produce instruments
161Application to court to compel production or deposit of instruments
162Powers of court on hearing
163Notice of intention to register
164Registration after notice
165Corporate powers assumed
166Disposal of instruments deposited
167Withdrawal of application
168Summary rejection of defective application
Part 10.1 — Electronic Filing
 Division 1 — Interpretation
168.1Definitions
168.11Repealed
 Division 1.1 — Establishment of Electronic Forms and Electronic Filing
168.111Powers respecting electronic forms and filing
 Division 2 — Electronic Applications and Instruments
168.12Provisions inapplicable to electronic instruments and applications
168.2Effect of electronic applications and instruments
168.21Form and manner of completion
168.3Signing requirements
168.31Delivery of electronic instruments
168.4Submitting electronic applications and instruments
168.41Supporting documents
168.42Corrective declarations
168.5Electronic instrument taking effect as a deed
168.51Production of evidence
168.6Evidentiary matters
168.61Admissibility of true copy of electronic instrument
168.7Disposal of electronic applications and instruments
 Division 2.1 — Electronic Plan Applications and Electronic Plans
168.712Provisions applicable to electronic plan applications and electronic plans
168.72Effect of electronic plan applications and electronic plans
168.721Form and manner of completion
168.722Assignment of serial deposit numbers to electronic plans
168.73Signing requirements for electronic plans — British Columbia land surveyor
168.731Signing requirements for electronic plan applications — persons other than subscribers
168.732Signing requirements for electronic plan applications — subscribers
168.74Submitting electronic plan applications and electronic plans
168.741Supporting documents
168.742Corrective declarations
168.743Amendments to electronic plans
168.75Production of evidence
168.76Evidentiary matters
168.761Admissibility of true copy of electronic plan application or electronic plan
168.77Disposal of electronic plan applications and electronic plans
 Division 3 — Certification of Subscribers
168.71Repealed
168.79Certification authority
168.8Certification practice statement
168.81Warranties of certification authorities
168.82Immunity
 Division 4 — General
168.9Offences
168.91Repealed
Part 11 — Registration of Title in Fee Simple
 Division 1 — First Registration
169Registration of title
170Requirements as to production of title deeds
171Adverse possession
172First estate of inheritance necessary to registration of fee simple
173Several persons interested in registration
174Application to convert absolute fee into indefeasible title
 Division 2 — The Register and Duplicate Indefeasible Titles
175Register and records
176Duplicate indefeasible title
177Registration of joint tenants
 Division 3 — General
178Limitation on number of parcels
179Rights of owner of surface
180Recognition of trust estates
181Interest or right reserved to transferor
182Registration of restrictive covenants and easements
183Entries carried forward from original entry
184Registration of grantor a condition precedent
Part 12 — Transfers
185Form of transfer
186Implied covenants
187Registration of transferee
188Registration by amendment to register
189Dealings with duplicate indefeasible title on transfer
190Destruction of duplicate indefeasible title
Part 13 — Dealings With Indefeasible Title Other Than by Registration
191Registration of new indefeasible title and change of name
192Registration of several indefeasible titles instead of original
193Lost indefeasible certificate of title
194Effect given to new or provisional indefeasible title
195Surrender of duplicate indefeasible title on registration of charge
196Provisional title may issue to minerals
Part 14 — Registration of Title to Charges
 Division 1 — General
197Registration of charges
198Registration of person creating charge
199Registration of subcharges
200No subright to purchase registrable
201Registration of assignment of charge
202Repealed
203Floating charges on land
204Registration of debt to the government as a charge
205Writ of affecting land
206Registration of transfer, extension or modification of charges
207Form of postponement
208Certificates of charge
209Transfer of mortgage
 Division 2 — Judgments
210Registration of judgments in same manner as charge
211Registration of assignment of judgment and form of assignment
212Notice to judgment creditor of intention to register
213Costs on failure to establish priority
214Form of release
 Division 3 — Certificate of Pending Litigation
215Registration of certificate of pending litigation in same manner as charge
216Effect of registered certificate of pending litigation
217Effect of certificate of pending litigation if prior application is pending
 Division 4 — Statutory Rights of Way, Miscellaneous Covenants and Easements
218Statutory right of way
219Registration of covenant as to use and alienation
220Statutory building scheme and letting scheme
221Requirements of registrable restrictive covenant
222Discriminating covenants are void
223Subdivision of dominant tenement
 Division 4.1 — Party Wall Agreements
223.1Definitions
223.2Binding effect
 Division 5 — Mortgages
224Definition
225Form of mortgage
226Modification of standard terms
227Prescribed standard mortgage terms
228Filed standard mortgage terms
229Receipt of standard mortgage terms by mortgagor
230Registrar may require filing
231Effect of a mortgage
 Division 6 — General Instruments
232Definitions and application
233Form of general instrument
234Modification of standard terms of general instrument
235Filed standard general instrument terms
236Effect of a general instrument
237Release of registered charge
Part 15 — Instruments
238Registration of instruments
239Floating charges on land
240Suspension and alteration
Part 16 — Cancellation of Charges
241Cancellation of registration of charge
242Application to cancel mortgage created by vendor
243Redemption of mortgage if mortgagee absent
244Mortgagee's refusal or neglect to give discharge
245Vesting order in favour of purchaser
246Cancellation if charge determined by effluxion of time
247Cancellation of lease on breach of covenant
248Effect of cancellation
249Power of court to order cancellation of charge
250Cancellation of charge on payment into court
251Application to court
252Cancellation of certificate of pending litigation
253Cancellation of certificate of pending litigation if action discontinued
254Cancellation of certificate of pending litigation if action dismissed
255If action neither dismissed nor discontinued
256Cancellation of certificate of pending litigation on other grounds
257Power of court to order cancellation
258Cancellation of registration
259Discharge of mortgage
Part 17 — Transmission of Fee Simple and Charge
 Division 1 — General
260Registration of transmission before subsequent dealing
261Conveyance under Court Order Enforcement Act or Builders Lien Act
262Registration of land vested in Crown by statute
 Division 2 — On Death of Will-Maker or Intestate
263Definitions
264Power and title of personal representative on registration
265Death before April 1, 1947
266Death after March 31, 1947
267Discharge of mortgage
268When resealing may be dispensed with
 Division 3 — On Death of Joint Tenant
269Transmission re joint tenancies
270Discharge of mortgage by surviving joint tenant
 Division 4 — On Foreclosure
271Presumption as to regularity of foreclosure and cancellation proceedings
 Division 5 — Tax Sales
272Notice of tax sale as to each parcel sold
273Notice of redemption of tax sale land
274Application to other Acts
275Registration of tax sale purchaser under Taxation (Rural Area) Act
276Effect of registration of title derived from tax sale
277Provincial tax sale purchaser under repealed Acts
278Land forfeited to or vested in Crown
279Tax sales held under Taxation (Rural Area) Act
280Application to the government
Part 18 — Notice of Certain Conditions and Obligations
281 Forest Act
Part 19 — Caveats
282Lodging caveat
283Right of registered owner to lodge caveat
284Power of court to issue injunction
285Power of registrar to lodge caveat
286Form of caveat
287Duty of registrar on receipt of caveat
288Effect of caveat
289Proceedings for discharge of caveat
290Withdrawal of caveat
291Further caveat lodged after caveat has lapsed, been withdrawn or discharged
292Registration of withdrawal, lapse or discharge of caveat
293Lapse of caveat
294Compensation if caveat lodged wrongfully
Part 19.1 — Land Title and Survey Authority Assurance Fund
294.1Definition
294.11Establishment and maintenance of assurance fund
294.12Application of this Part
294.2Remedies of person deprived of land
294.21Protection of purchaser in good faith and for value
294.22Fault of registrar
294.3Notice of actions against Land Title and Survey Authority
294.4Liability of plaintiff for costs
294.5Judgment against person liable
294.6Limitation of liability of fund
294.61Recovery limited to value of land
294.7Payment from fund without action
294.8Payment by Land Title and Survey Authority
294.9Withholding of payment until proceedings concluded
Part 20 — Government Assurance Fund
294.91Definition
295Maintenance of assurance fund
295.1Application of this Part
296Remedies of person deprived of land
297Protection of purchaser in good faith and for value
298Fault of registrar
299Notice of actions against minister
300Liability of plaintiff for costs
301Actions against minister
302Judgment against person liable
303Limitation of liability of assurance fund
304Recovery limited to value of land
305Payment from assurance fund without action
306Payment from consolidated revenue fund
307Withholding of payment until proceedings concluded
Part 21 — Appeals
308Duty of registrar to notify applicant of refusal of registration
309Appeal to court
310Preservation of applications
311Appeals from decision of registrar
312Registrar to act on order of court
313Registrations made under order of court
314Power of registrar to state case
Part 22 — Notices
315Powers of registrar regarding preparation and service of notice
316Personal service
317Service by mail
317.1Service by electronic means
318Substituted service
319Service if person is dead
320Effect of service
321Rights of purchaser for value protected
Part 23 — Special Surveys
322Definitions
323Minister may order special survey
324Apportionment of costs if land within municipality
325Apportionment of costs if land is in a rural area
326Power to amend order if land subsequently becomes included within municipality
327Advancement of costs by municipality or owners
328Transmittal of copy of order to proper officer and registrar
329Notice of special survey
330Surveyor to act under minister
331Preliminary procedure
332Supplemental order or direction of minister
333Procedure for fixing boundary of survey area
334Transmittal of copy of supplemental order to proper officer and registrar
335Guiding principles for surveyor
336Nature of survey
337Plans
338Appointment of substituted surveyor
339Report of surveyor
340Notice to registrar
341Notice to corporate officer
342Notice of completion of survey
343Notice of hearing
344Statement of complaint or claim
345Hearing by minister or other person appointed by him
346Subpoena
347Method of conducting hearing
348Power of minister to decide complaints and claims and make order
349Principles for determining compensation
350Approval of survey and plan by Lieutenant Governor in Council
351Power to vest land
352Notice of order in council approving of survey
353Appeal
354Entry of appeal
355Registration
356Method of registration
357Effect of registration
358Notice of registration
359Assessment within municipalities
360Assessment in rural area
361Duty of surveyor to destroy conflicting monuments
362Recovery of compensation and costs
363Removal of special survey monuments
364Power of Lieutenant Governor in Council to correct errors
365Offence and penalty
Part 24 — Registration of Title to Indian Lands
366Definitions and interpretation
367Filing of patent
368Application for registration of Indian land — general
369Where application affects unregistered Indian land
370If application affects registered Indian land
371Other laws not to affect Torrens system
372Execution of instruments
373Liability limited
373.1Not in force. Repealed.
Part 24.01 — Treaty Lands
373.11Application of Act to treaty lands
Part 24.1 — Nisga'a Lands and Categories A and B Lands
 Division 1 — Treatment of Nisga'a Lands and Institutions
373.2Effect of indefeasible title to Nisga'a Lands
373.21Assignment of distinguishing letter by registrar
373.22Requirements as to subdivision in respect of Nisga'a Lands
373.23Controlled access highways
373.3Tender of plan for examination and approval
373.31Matters to be considered by approving officer on application for approval
373.32Matters to be considered in respect of land within Nisga'a Lands
373.33Acceptable descriptions of land
373.4Dedication by reference or explanatory plan
373.41Dedication and vesting
373.42Designation of plans in respect of submerged lands
373.43Amendment of deposited plan in certain cases
373.44Deposit of statutory right of way plan
373.5Nisga'a law to be filed if closing road or public square
373.51Definitions for applying Part 8
373.52Cancellation of plans
373.53Air space
373.6Rights of owner of surface
373.61Registration of debt owing to Nisga'a Nation or Nisga'a Village
373.62Statutory right of way
373.63Registration of covenant as to use and alienation
373.64Registration of land vested under Nisga'a law
373.7Notice of tax sale or redemption of tax sale land
373.71Effect of registration of title derived from tax sale
373.72Power of registrar to lodge caveat
 Division 2 — First Registration of Title to Nisga'a Lands
373.73Plan required with application for first registration
373.8Conclusive evidence of good safe holding and marketable title
373.81Additions to Nisga'a Lands
373.82Execution of instruments in respect of Nisga'a Lands
 Division 3 — Registration of Categories A and B Lands
373.9Requirements for first registration of Categories A & B Lands
373.91Effect of indefeasible title to Categories A & B Lands
Part 24.2 — Cancelling Registration of Reserve Lands Registered to Canada
373.92Cancelling registration of reserve lands registered to Canada
Part 25 — Miscellaneous
374Record of names
375Record of registered land
376Pending applications
377Searching of records
378Registrar to provide certificates
379Certificate as evidence
380Lost or destroyed instruments
381Rights of officers of taxing authorities
382Powers and duties of registrar
383Registrar to cancel or correct instruments, etc.
383.1 Public Agency Accommodation Act amendments
383.2 Homeowner Protection Act amendments
384Preservation of registry records and plans
384.1Records of Land Title and Survey Authority
385Power to make regulations
386Fees
386.1Fees specified in Schedule 2
386.2Fees payable despite other enactments
387Offence of fraud
388Offence of false representation
389Application of Offence Act
390Penalties
391Conviction not to affect liability
392Contaminated land
393Transitional
394Transitional — removal of notations made under the Forest Land Reserve Act
Schedule 1
Schedule 2